39 Kan. 762 | Kan. | 1888
The opinion of the court was delivered by
On February 6, 1888, Charles Mitchell and George Mitchell were arrested and brought before R. L. Hill-man, a justice of the peace of the city of Minneapolis, upon a complaint that they had threatened to shoot and kill one-Clyde Caldwell. A hearing was had and they were each required by the justice of the peace to enter into a recognizance to appear before the district court at the next term, and in the meantime to keep the peace toward the people of the state, and particularly toward the complainant. The recognizances were given, and at the May term, 1888, the defendants appeared and a hearing was had, and upon such hearing the district court discharged the recognizances which they had given, and adjudged that they pay all the costs of the proceeding and stand committed to the county jail ■ until the' costs were paid. Failing to pay the costs, they were committed, and they seek relief from this imprisonment by the writ of habeas corpus.
The question we are to decide is, whether the district court had authority to order the imprisonment of the petitioners for failure to pay costs. The order was made in a peace proceeding, brought under article 2 of the criminal code. In §16
"We conclude that the district court exceeded its authority in adjudging that the petitioners be committed to the county jail for the non-payment of costs, and they must therefore be released.